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Terms of Use

  1. This document forms a valid and binding agreement between the Website and the User. In these Terms, references to "you", "User" shall mean the end user/customer accessing the website, its contents and using the services offered through the Website. "Service Providers" mean Seller, and references to the “Website”, "Source Fabrics(a unit of Manisha Creations) ", “www.sourcefabrics.com”, "we", "us" and "our" shall mean the Website and Source Fabrics(a unit of Manisha Creations)  Private Limited, its affiliates and partners (as applicable). Whenever the context may require, any pronoun shall include the corresponding masculine and feminine.
  2. In this terms and Privacy Policy, references to “you” and “User” mean any person submitting any data to us or our agent or the Website.
  3. As a user you agree to be bound by Source Fabrics(a unit of Manisha Creations)  Policies (including but not limited to Privacy Policy available at WWW.SOURCEFABRICS.COM privacy policy as amended from time to time. The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time.
  4. The Website is operated by Source Fabrics(a unit of Manisha Creations), a company incorporated under the laws of India having its registered office at PS Magnum, Unit 116, 1st Floor, Kazi Nazrul Avenue, Kolkata-700052. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
  5. Source Fabrics(a unit of Manisha Creations)  has no control over the quality, texture, color and other aspects of the items listed however the products listed shall bear (a) sale price on length of fabric (b) description of fabric (c) measurement in gram or unit only and all other conditions or fitness of quality or intended use of the product are disclaimed and the purchase is desired to exercise discretion to have sample of products ordered before taking delivery. Source Fabrics(a unit of Manisha Creations)  reserves the right to change these Terms at any time.
  6. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
  7. As a user you agree to be bound by Source Fabrics(a unit of Manisha Creations)  Policies (including but not limited to Privacy Policy available a www.sourcefabrics.com privacy policy as amended from time to time. The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time.
  8. You agree, undertake and confirm that Your use of Source Fabrics(a unit of Manisha Creations)  shall be strictly governed by the following binding principles:

(a) You shall not host, display, upload, modify, publish, transmit, update or share any information which: (i) belongs to another person and to which You do not have any right to;(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, podophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;(iii) is misleading in any way; (iv) tries to gain unauthorized access or exceeds the scope of authorized access to the Source Fabrics(a unit of Manisha Creations)  or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Source Fabrics(a unit of Manisha Creations)  or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;(v) interferes with another USER's use and enjoyment of the Source Fabrics(a unit of Manisha Creations)  or any other individual's User and enjoyment of similar services (vi) violates any law for the time being in force;(vi) shall not be false, inaccurate or misleading;(vii) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs");

(b) By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Source Fabrics(a unit of Manisha Creations) , you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Source Fabrics(a unit of Manisha Creations) . You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages you will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Source Fabrics(a unit of Manisha Creations) . You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Source Fabrics(a unit of Manisha Creations)  or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Source Fabrics(a unit of Manisha Creations)  or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Source Fabrics(a unit of Manisha Creations) . You shall not attempt to gain unauthorized access to any portion or feature of the Source Fabrics(a unit of Manisha Creations) , or any other systems or networks connected to the Source Fabrics(a unit of Manisha Creations)  or to any server, computer, network, or to any of the services offered on or through the Source Fabrics(a unit of Manisha Creations) , by hacking, password "mining" or any other illegitimate means. You may not impersonate any other individual or entity. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service.

 

Eligibility to use

  1. Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent or not entitled to contract" within the meaning of the Indian Contract Act, 1872 shall not be eligible to use the Website. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
  2. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.

Account, Password, and Security

  1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.(Check+ if this is applicable)
  2. If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook, Google or your email account or by filling in the details prescribed in the Website registration form. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
  3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
  4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
  5. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Source Fabrics(a unit of Manisha Creations)  be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Source Fabrics(a unit of Manisha Creations) in this regard.
  6. Users of the Website may be required to provide certain person information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy available at WWW.SOURCEFABRICS.COM

Listing And Selling

  1. By listing a Product on the Website, Source Fabrics(a unit of Manisha Creations)  warrants that all such Products are legally permitted to be sold and the product listed shall provide most accurate description of the products to be sold on the Website having text, pictures and other content that Source Fabrics(a unit of Manisha Creations)  may desire from time to time. Source Fabrics(a unit of Manisha Creations)  would charge reasonable shipping and handling fees to cover the costs for packaging and posting the items including for giving samples.
  2. All sales on the Website are binding in nature on both on the User and Source Fabrics(a unit of Manisha Creations)  and the products shall be shipped by Source Fabrics(a unit of Manisha Creations)  up to the point of delivery or otherwise completing the transaction with the User within 30 days, unless there is an exceptional circumstance or occurrence of a force manure event affecting supply. (or agreed upon)
  3. Shipping of the products shall be subject to the operation of the logistic partner in the place of delivery and in case shipping agent does not operate at the location the products can be availed either directly from the studio or to a location where the shipping agent is located. The delivery from studio shall be subject to verification of user by call or through SMS or mail.
  4. The display of the product colour on the website may differ with the actual product colour, therefore the user is advised to call for sample before placing order which shall be supplied by us and a retention sample shall be kept by us at a price as may be determined by us from case to case basis. In case sample is not available user can order 0.5 meter and inform us so that we can keep the counter sample.
  5. We shall ensure that the product supplied in pursuance to verification of sample shall confirm to the sample and we disclaim all other guarantee or warranty regarding the quality colour or fitness of the product.
  6. Having regard to the above you agree and acknowledge that your right against Source Fabrics(a unit of Manisha Creations)  on account of any defective product (defective product would mean a product whose fabric description and content does not match with what is held out in the listing or that does not match with the sample on the website or is torn or damaged) shall be limited to asking for a free of cost replacement or in case the inventory is out of stock a refund of amount paid and you shall be precluded from raising and indirect consequential claims of damages from Source Fabrics(a unit of Manisha Creations)  its agents, directors or officials, and Source Fabrics(a unit of Manisha Creations)  expressly disclaim all other obligations and liabilities for sale of Products on the Website.
  7. In the case of bulk orders we reserve our right to sell the products on conditions as may be decided from case to case basis at our discretion.
  8. The terms of sale as well as offer of sale of products at discounts shall be at our discretion.

Products & Price

  1. The Website provides an online platform to various Sellers to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Website (“Products”). The Website merely facilitates the engagement of the Users and various Sellers and provides such other services as are incidental and ancillary thereto. Additionally, the Website reserves the right to terminate the services offered at any time to the Users without any notice.
  2. All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for reference only and actual Product including colour and weaving pattern etc. may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
  3. With regard to the products exhibited on the website Source Fabrics(a unit of Manisha Creations)  disclaims any guarantee or warranty regarding

(a) Quality of any products;

(b) Colour of the product supplied including colour fasting or fading;

(c) Weaving of the Product;

(d) Exactness as to the finish and appearance of the Product as ordered by the User.  

(e) Fitness as to quality or colour or any product that is subjected to any job work as the instance of customer.


 

Payments

  1. Prices for Products as displayed in the website shall be construed to be part of the terms and conditions set out herein by reference. The prices of the products listed in the website shall be in Indian rupees. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with Source Fabrics(a unit of Manisha Creations)  to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
  2. The Website does not charge any registration/membership or browsing fee. However, the Website reserves right to alter the fee policy from time to time and upon notification such policies shall form a part and parcel of the terms and conditions herein.
  3. Source Fabrics(a unit of Manisha Creations)  may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and itself. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User.
  4. While availing any of the payment gateways available on the Website, the Website or Source Fabrics(a unit of Manisha Creations)  will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

(a) Lack of authorization for any transaction/s, or

(b) Exceeding the pre-set limit mutually agreed by and between the User and relevant banks of the User, or

(c) Any payment issues arising out of the transaction, or

(d) Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;

(e) Decline of transaction for any other reason(s)

  1. Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
  2. All payment and delivery related conditions are in accordance with the contractual relationship between Source Fabrics(a unit of Manisha Creations)  and the aggregators for payment and supply of the product. However the use of the payment facilities provided by the Website shall not render the Website (save as provided otherwise) liable. You agree and undertake that the claim against the Website shall not be under any circumstance more than the value of the Product paid for.
  3. Every User hereby undertakes and agrees:

(a) To provide accurate information, such as credit/debit information for purchasing Products on the Website and

(b) Not to use payment information or instrument the User does not lawfully own that.

  1. The Website shall not utilize or share with any third party any user information unless required under law or in accordance with the terms of the Privacy Policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.
  2. The Website in its discretion may impose limits on the number of transaction, which an individual holding a financial instrument may use for payment for Products. Further the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
  3. The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).

Shipping and Delivery

  1. All Products purchased from the Website shall be delivered to the User by standard courier services by Source Fabrics(a unit of Manisha Creations)  through a logistics partner. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavour to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. 
  2. Source Fabrics(a unit of Manisha Creations) or the website shall not be responsible for any delay in the delivery of the Products nor be liable for any damage to the Product in transit due to mishandling by the logistics partner. The delivery of the product to the shipping agent shall constitute delivery of the product to the customer unless the product returns undelivered.
  3. The logistics partner supported by Source Fabrics(a unit of Manisha Creations) will make a maximum of 2 attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the Source Fabrics(a unit of Manisha Creations)  reserves the right to cancel the order(s) at its discretion.
  4. An estimated delivery time shall be displayed on the order page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Notwithstanding above, at times, delivery of the Products may take longer due force majeure or other unforeseen circumstances. In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay either by SMS or through mail the access being always allowed by you.
  5. The Website shall not be held responsible and will bear no liability in case of delay in the delivery of the Products including any damage or loss caused to the Products due to mishandling of the product by the courier service provider. Delay in delivery of Products caused due to reasons beyond the control of the Website and/or the courier service provider would not entitle User to claim refunds for the product.
  6. However in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
  7. No deliveries of the Products shall be made outside the territorial boundaries of India.
  8. If a User wishes to get delivery to different addresses, the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.

Return, Replacement and Refund

  1. All Products ordered from the Website and successfully delivered to the User  of Source Fabrics(a unit of Manisha Creations)  may be returned to the Source Fabrics(a unit of Manisha Creations) . However Source Fabrics(a unit of Manisha Creations)  would not be under an obligation to accept a product and the User shall not be entitled to return to Source Fabrics(a unit of Manisha Creations)  if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if the product returned is not the Product that was delivered (d) any fabric cut and supplied as per the order; and (e) any other circumstances that the Website and/or Source Fabrics(a unit of Manisha Creations)  may notify or deem appropriate from time to time.
  2. User would be entitled to return product to Source Fabrics(a unit of Manisha Creations)  only in case: (a) Return exchange is initiated within 7 days of order delivery and product is defective and (b) The tags on the product should be intact and (c) The product should be unwashed, unused and in an undamaged condition.
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